Stephen Ehrenberg, a New York lawyer representing the families, said the new law already had stopped gay couples from taking in children. The ban also has stopped straight couples from naming a gay relative to take care of their children in wills, he said.

“The blanket solution of (the ban) excludes a much wider pool of foster parents, both gay and heterosexual couples as well,” Ehrenberg said. “That has already harmed children in state custody.”